Page:Ta Tsing Leu Lee; Being, The Fundamental Laws, and a Selections from the Supplementary Statutes, of the Penal Code of China.djvu/89

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10
PENAL LAWS OF CHINA

Section VII.Offences committed by Officers of Government in their public Capacity[1].

All civil and military officers of government, when convicted of any offence connected with the discharge of their public duty, and not of a personal nature, which offence in ordinary cases is punishable by the infliction of corporal chastisement, shall instead thereof be subjected to a fine or to degradation, according to the number of blows of the bamboo to which they are nominally liable.

Instead of nominally 10 blows, to forfeit one month's salary.
20 blows, to forfeit two months' salary.
30 blows, to forfeit three months' salary.
40 blows, to forfeit six months' salary.
50 blows, to forfeit nine months' salary.
60 blows, to forfeit one year's salary.
70 blows, to be degraded one degree of rank.
80 blows, to be degraded two degrees of rank.
90 blows, to be degraded three degrees of rank, but, as in the preceding case, to retain his situation.
100 blows, to be degraded four degrees of rank, and to be removed from his situation.

Those persons who have official situations without being actually officers of rank in the government, shall not be exempt from corporal punishment, but may retain their employments[2].

One clause.

  1. The titles of this and the succeeding section would bear no other translation than that which has been given to them, and it is therefore requisite to add in explanation, that it appears from the notes in the original that the offences denominated private, in fact comprehend almost all cases of direct criminality, whereas those denominated public, are cases of liability to punishment, solely from the official responsibility of the party implicated.
  2. Every officer of government from the first to the ninth rank, must be previously qualified by a literary or military degree, according to the nature of his profession; but the clerks